The Leadership Conference on Civil and Human Rights

Federal agencies responsible for enforcing civil rights laws must receive the significant increases in funding needed for full enforcement of the laws. The vitality and effectiveness of the civil rights laws depends upon the commitment and strength of the federal agencies responsible for their enforcement. The degree of faith that Americans have in the value of these laws is in large part a reflection of how well these agencies do their jobs. Although appropriations for fiscal year 2001 included some modest increases in funding for civil rights enforcement agencies, additional and continued funding increases are needed to regain lost ground and ensure aggressive enforcement of federal laws that provide fairness and equal opportunity.

The various civil rights agencies investigate and redress instances of discrimination, provide guidance to individuals and businesses as to how best to comply with the laws. Since 1985, the passage of numerous laws either defining civil rights (e.g., Americans with Disabilities Act), amending existing civil rights laws (e.g., Civil Rights Act of 1991) or otherwise affecting the rights of persons in protected classes (e.g., immigration reform), has caused a dramatic increase in the workload of the enforcement agencies. However, funding for civil rights enforcement in real dollars has declined steadily for several years. A recent study by the United States Commission on Civil Rights, "Funding Federal Civil Rights Enforcement: 2000 and Beyond," found that funding and full-time equivalent staffing at six federal civil rights enforcement agencies had declined 10 percent since 1995. The Commission determined that these shortfalls have resulted in "fewer compliance reviews conducted, abbreviated investigations, less policy development and less defense of civil rights laws in court." It concluded that "[u]ntil the President and Congress remedy this situation, millions of individuals will be deprived of adequate means to seek justice and equal opportunity."

Appropriations for fiscal year 2001 included some increases in funding for civil rights enforcement agencies, though not at the level requested in the former President's proposed budget for FY 2001. Additional and continued funding increases are needed to regain lost ground and ensure aggressive enforcement of federal laws that seek to provide fairness and equal opportunity. Specific agencies in need of immediate funding increases include:

• The Department of Justice's Civil Rights Division (DOJ/CRD) is the lead federal civil rights enforcement agency, combating discrimination based on race, color, national origin, and gender in employment, public accommodations and other activities. It also has primary responsibility for enforcing the ADA, federal anti-hate crime laws, and aspects of the Violence Against Women Act (VAWA). In the coming year, DOJ/CRD will be called upon to review redistricting and voting changes submitted in the wake of the 2000 census.

  Funding for DOJ/CRD in FY 2001 increased 12 percent, but this increase fell below the 19 percent increase requested in the President's proposed for FY2001. Substantial funding increases remain necessary to improve this agency's ability to fulfill its enforcement responsibilities.

• The Equal Employment Opportunity Commission (EEOC) has launched a major effort to reduce the backlog of complaints filed against private employers, which require an initial agency review before a claim can be filed in court. This backlog has been a chronic problem that has built up over several administrations — complaints per year during the 1990s exceeded by over 10,000 the complaints per year in the 1980s. Although the EEOC has made strides in reducing the backlog, additional work is necessary to complete these improvements.
  The FY 2001 increase for the EEOC was only half the increase proposed by the former Administration. The increase proposed by President Bush for FY 2002 is only 2.3 percent ($7 million) — an amount that does not even keep pace with inflation. And, this entire amount is directed at increased staff costs. This is simply insufficient to address the backlog of charges and other tasks the EEOC must undertake. Additional funding increases are necessary to make the EEOC the efficient adjudicator of civil rights disputes that both employees and employers deserve.
• The Department of Health and Human Services' Office of Civil Rights (HHS/OCR) works to prevent discrimination by recipients of federal funds for the provision of health and social services. Such grantees include hospitals and nursing homes, as well as public and private social service agencies. For example, the agency acts to prevent discrimination against minorities and the disabled in managed care, to prohibit health care providers from redlining geographic areas in a manner that causes discrimination, and to remove barriers preventing minorities from participating in Medicaid and other federally-supported health care programs. Increased funding for HHS/OCR is especially important in light of the growth and increased complexity of the American health care system in recent decades.
  HHS/OCR has an important role in ensuring that states fully comply with the U.S. Supreme Court's decision in Olmstead v. L. C. ex rel. Zimring 527 U.S. 581 (1999), which prohibits unjustified institutionalization of people with disabilities in state Medicaid programs. President Bush has supported this effort in his New Freedom Initiative for people with disabilities; however, it will require additional resources.
• The Department of Education's Office of Civil Rights (ED/OCR)is responsible for enforcing civil rights compliance by institutions receiving federal education funds. Its jurisdiction extends to virtually every primary school, secondary school, and college in the country. Complaints filed with the ED/OCR over the past decade have doubled (the increase in FY 1999 alone was 35 percent over the prior year), yet staffing at the agency has declined by 10 percent in that period, and the FY 2001 budget contained no meaningful increase. In light of the Bush Administration's stated commitment to education reform, it should recognize that ensuring equal access to all levels of schooling is critical.
• The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) enforces Executive Order 11246 and the regulations implementing it that prohibit employment discrimination by federal contractors and require federal contractors to take affirmative steps to eliminate discrimination in their workforces. Vigorous enforcement of all aspects of the Executive Order program, and adequate funding for OFCCP, are critical to ensuring equal opportunity in federal contractors' workplaces.

There are other federal civil rights agencies also worthy of increased attention. The Department of Housing and Urban Development's Fair Housing Programs provides critical funding for private, non-profit fair housing organizations located throughout the United States. The Legal Services Corporation is responsible for providing low-income Americans with access to legal services. The Department of Agriculture's Civil Rights Programs are designed to reverse the long history of discrimination at that Department, in particular the history of black farmers who were denied financial assistance provided to white farmers. All of these agencies suffer from funding shortfalls that undermine their mission. The Department of Transportation plays an important role in enforcing the ADA, the Air Carrier Access Act, and other laws protecting the civil rights of travelers. The U.S. Commission on Civil Rights performs a critically important oversight role of the nation's civil rights laws and policies. LCCR urges the Administration to make increased funding of civil rights enforcement one of its budgetary priorities.